Merchant & Gould Scores Litigation Victory for The First National Bank in Sioux Falls

September 10, 2010

Overview

Plaintiff's 125-Year Reputation Successfully Defended and Protected


Merchant & Gould, an intellectual property law firm, today announced it has won a litigation victory on behalf of The First National Bank in Sioux Falls over First National Bank South Dakota, First National Merchant Solutions, First National Bank of Omaha and First National of Nebraska, Inc.

The United States District Court for the District of South Dakota found that within the 18-mile radius around the home office of plaintiff The First National Bank in Sioux Falls, "significant consumer confusion" exists between The First National Bank in Sioux Falls and defendant First National Bank South Dakota. The court concluded the "only effective remedy" within this radius is for the defendant to change its name within that area.

"The 125-year reputation of The First National Bank in Sioux Falls has been protected and upheld in this decision," said Jack Clifford, co-lead counsel for The First National Bank in Sioux Falls and a partner in Merchant & Gould's Minneapolis office. "We are pleased with the trademark findings in the court's recent order. It is a testament to our client's long and proud history in the Sioux Falls community, as well as the skilled work and dedication by our entire team."

Also involved with the case from Merchant & Gould were attorneys Allen Hinderaker and Will Schultz, and lawyers from Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, South Dakota.

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